Page 17 - FDCC Insights Fall 2022

Solicitor General are widely considered to be the gold standard, and they provide some of the best examples. Appellate judges expect civility on the part of counsel, probably more so than trial court judges. Attack the opposing party’s position, not the opposing party (or even worse, the lower court judges).
• Avoid substantive footnotes, especially if they are in font so microscopic, no one over the age of 25 can read them. The Supreme Court and federal courts of appeals have detailed font style and font size requirements, which are essential to follow if you want the court clerk to allow your brief to be filed.
• Finally, to produce your best written work product, consider using flat-fee, rather than hourly, billing, for drafting an amicus brief. My article, Flat-Fee Legal Billing Can Liberate Attorneys, explains why.
Conclusion
Amicus briefs play an important role in the American judicial system. They give a voice to non-parties on issues, and in cases, that are important to them. When written effectively, amicus briefs also can function as a true friend of the court. Follow the rules, say something different, and use an appropriate writing style.
Lawrence S. Ebner is an FDCC Defense Counsel Member. He serves as Executive Vice President & General Counsel of the Atlantic Legal Foundation, where he conducts that public interest law firm’s amicus program. He also is Founding Member of Capital Appellate Advocacy PLLC in Washington, D.C., Immediate Past Chair of the DRI Amicus Committee, and a fellow of the American Academy of Appellate Lawyers. Contact him at: lawrence.ebner@capitalappellate.com.
Insights FALL2021
Special Edition
15